Tuesday, January 31, 2023

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CM Kejriwal questions LG Saxena over using powers ‘directly, ignoring elected government’

New Delhi: Aam Aadmi Party (AAP) supremo Arvind Kejriwal wrote another strongly worded letter to the Delhi Lieutenant Governor (LG) Vinai Saxena over the Municipal Corporation of Delhi (MCD) row.

The letter came in the backdrop of a press statement from the LG’s office claiming his right over the powers of governance in Delhi. In the letter the CM stated, “Will the LG from now onwards exercise powers in his own discretion, directly, ignoring the elected government?”

Refering to the Constitution, CM Kejriwal said, “Like the LG of Delhi, if the President/Governor will run the governments bypassing the elected governments in the centre/states, then the elected governments will become irrelevant. The DMC Act is a transferred subject, even though the words used in the Act are ‘LG/Administrator’, the LG is bound by the aid and advice of the Council of Ministers on the subject.”

“As per the order of the Supreme Court, the ‘LG/Administrator’ is bound by the aid and advice of the Council of Ministers on all except three reserved subjects,” read the letter.

“The statement issued from your office is silent on how did you directly constitute Haj Committee bypassing the elected govt? Kindly clarify” Sharing the letter on Twitter, the CM wrote, “*LG office has issued a statement over LG directly appointing 10 aldermen and presiding officer because in DMC Act, it is written that “Administrator shall appoint”,” he added.

In his letter, Chief Minister Arvind Kejriwal wrote, “I have come across a statement issued by your office today which says that since it is written in the relevant provisions of DMC Act that “Administrator shall appoint…”, therefore, the ten aldermen and the presiding officer for election of Mayor were directly appointed and got notified by your goodself without the involvement of the elected goverment.”

He added, “Sir, can we assume that this is your official position that wherever in any law or Constitution, it is written that “LG/Administrator shall…” or wherever government has been defined as “LG/Administrator”, in all those cases, Hon’ble LG shall, from now onwards, exercise powers eo-nominee and in his own discretion, directly, ignoring the elected govt? If that be the case, then the elected govt of Delhi will become irrelevant because practically in every law and every provision, the word used is “Administrator/LG” and the Council of Ministers works in the name of LG/Administrator.”

The CM further wrote, “Kindly clarify whether from now on, wherever in any law or Constitution, it is written that “LG/Administrator shall…” or wherever government has been defined as “LG/Administrator”, in all those cases, Hon’ble LG shall exercise powers eo-nominee and in his own discretion, directly, ignoring the elected govt? Sec 21(3) of GNCTD Act defines Govt as “LG”. Does this mean that from now on, you will run Delhi govt directly bypassing the elected govt on all transferred subjects also? Kindly clarify, Sir.”

He added, “If that position is taken, then the Prime Minister of India and all Chief Ministers will become irrelevant because in all the laws and Constitution, the words used are President/Governors and not Prime Minister/Chief Minister. Sir, this is an extremely important subject and the people of Delhi at large would like to know what is your understanding on this subject? The statement issued from your office is silent on how did you directly constitute Haj Committee bypassing the elected govt? Kindly clarify, Sir.”

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